CHAPTER 169.
An act to provide for the cession of territorial jurisdiction at Cedar Point, and at Point Look Out in St. Marys county, and at Smiths Island in Cajeys Streights in Somerset county, for the erection of light houses thereon.
Whereas, applications have been made to the Congress of the United States, for the erection and establishment of lighthouses, at Point Look Out, at Cedar Point, and at or near to Cajeys Point, on Smiths Island, on the Chesapeake bay; and whereas, the legislature duty appreciating the great advantages to emanate from the erection and establishment of the said light houses, and particularly with intent to avoid the difficulties and dangers of passing the said points and streights aforesaid, during the night, and disposed to promote the completion of objects so much desired by the good people of this state; Therefore,
Sec. 1. Be it enacted by the General Assembly of Maryland, That
in case an act or acts of the Congress of the United States, author-
ising the erection and establishment of a light house, or light houses, at either one or more of the points or places, designated in the
preamble to this act, commissioners shall, and the same are hereby appointed, with power to fill vacancies in their or either of their
body or bodies, to fix and determine the value of the land required
by the United States, for the purpose or purposes aforesaid; that
is to say, for Point Look Out; Elwily Smith, Mordecai C. Jones,
Josia Biscoe, James Kerk and Robert Dunkinson; for Cedar Point,
Michael B. Carroll, James Jarbeo, Elijah Tarlton, John Jackson
and John Hotton; and tor Smiths Island, at or near Cajeys
Straights, Jesse Hughes, William Roach, John Rider, Arnold E.
Jones, Junior, and Daniel Ballard; and they or majority of either of the said boards shall be in the event aforesaid, authorized,
upon giving at least sixty days notice in two of the most convenient news papers for four consecutive weeks, to value and assess the
same, taking into consideration the advantages or disadvantages attendant upon the erecting the light houses aforesaid, on the land aforesaid, and including in said valuation a reasonable allowance for the
use and privilege of a road from the land aforesaid, through the lands
of any proprietor or proprietors, if such road shall be deemed necessary; and the decision of the commissioners aforesaid, or a
majority of them, shall be considered final and conclusive, between
the parties, unless an appeal shall thereafter be prosecuted as is
herein after provided; and the amount or value of the land, and
the right of way as aforesaid thereto, so assessed, being paid or
offered to be paid to the proprietor or proprietors thereof, the United States shall thenceforward, be considered the true and lawful
owners of the said land, of the said right and privileges of a way
for the purposes aforesaid; Provided always, that if the owner or
owners of the said land, and of the said road, so aforesaid valued, his her or their guardian or guardians, trustee or trustees,
shall conceive him, her or themselves, aggrieved by such valuation
by the said commissioners, or any of them, and shall notify to the
said commissioners the same in writing, it shall and may be lawful for said commissioners, or any three of them, to issue their
warrant to the sheriff of any county, as the case may be, commanding him to summon twelve free-holders in the county aforesaid, and not interested in the premises, and qualified to serve as
jurors in the county court, to appear on a day to be by them appointed on the premises, and the said commissioners, or any one
of them, are hereby authorized to administer an oath or affirmation,
as the case may be, to every person so summoned, that he will,
without favour, affection, partiality or prejudice, assess the damages sustained by the person or persons, at whose request such inquisition shall be taken, by transfer of his, her or their lands
about to be made as aforesaid, and by reason of the disadvantages
attendant upon the erection as aforesaid, and the privilege of the
road aforesaid, upon the land aforesaid; and the person so summoned, and so qualified, shall thereupon proceed to assess and
value the damages accordingly, of which the said commissioners,
or any one of them, shall have given notice in the public papers
as aforesaid; and such inquisition shall be final and conclusive;
Provided, that in such appeal from the valuation and assessment of
damages made by the commissioners, should the valuation and assessment of the said commissioners be confirmed by the jury, by
this section directed to be summoned, the party appealing shall
pay the whole expense incurred thereby.
2.And be it enacted, That the right of jurisdiction of the state
of Maryland in and over the land aforesaid, be, and the same is
hereby relinquished, ceded and made over to the United States
aforesaid, for the purposes aforesaid.
3. And be it enacted, That the commissioners aforesaid, shall
be allowed for. each and every day they shall he employed under
the provisions of this act, two dollars, and costs necessarily incurred, one half of which allowance to be paid by the United
States, the other moiety by the proprietor or proprietors of the
the lands assessed.
4. And be it enacted, That the commissioners aforesaid, when
they shall have completed, their valuation as aforesaid, and done all
other tilings required of them by this law, shall make out a copy of
their proceedings), setting forth in the same, a full description of
the land by them valued, for the establishment of the light house,
or light houses as aforesaid; together with the road to the same,
and all other matter and things connected with the said valuation,
and the performance of the duties assigned to them by this act,
and to the said copy fairly written out, they shall subscribe their
names, and thereto set their seals, and they shall deposit the same
in the office of the clerk of the county court, as the case may be;
and the clerk of the said court, shall preserve a record of the said
proceedings, for the recording of which, he shall be entitled to the
same fee, which he receives for other records, to be paid by the
parties.